Wednesday, February 13, 2013

HB 437

Jonathan McNiven
Allow county to create improvement district for certain purposes

1 comment:

  1. This is a Yellowstone County bill that arises because of a very particular situation in the Lockwood area adjoining Billings. I spent hours trying to convince them that they could do everything they want under the various current authorities but finally gave up. They want to do sidewalks and lights for the sidewalks. RID's do not work because they want to assess a much more broad area that benefitted properties. They cannot use the Special Purpose districts statutes because they specifically prohibit lighting districts.

    7-11-1002. Definitions. As used in this part, the following definitions apply:
    (1) "Governing body" means the legislative authority of a local government.
    (2) "Local government" means a city, town, county, or consolidated city-county government or any combination of these acting jointly.
    (3) (a) "Special district" means a unit of local government that is authorized by law to perform a single function or a limited number of functions.
    (b) The term includes but is not limited to cemetery districts, museum districts, park districts, fair districts, solid waste districts, local improvement districts, mosquito control districts, multijurisdictional districts, road districts, rodent control districts, television districts, and districts created for any public or governmental purpose not specifically prohibited by law. The term also includes any district or other entity formed to perform a single or limited number of functions by interlocal agreement.
    (c) The term does not include business improvement districts, cattle protective districts, conservancy districts, conservation districts, water and sewer districts, planning and zoning districts, drainage districts, grazing districts, hospital districts, irrigation districts, library districts, livestock protective committees, parking districts, resort area districts, rural improvement districts, special improvement districts, lighting districts, rural fire districts, street maintenance districts, tax increment financing districts, urban transportation districts, water conservation and flood control projects, and weed management districts.

    I do not believe the bill requires a vote if other statutes are used as the authority to create a district, rather than this bill.
    -Harold B.


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